Ava Acupuncture, P.C., As Assignee of Marcial Cuello, Jose Nieto, Jany Dotel, Rohan Pinnach, Lionel Marius, Jr. S. Joseph & Mickeni Caldwell v State Farm Mut. Auto. Ins. Co.

Ava Acupuncture, P.C., As Assignee of Marcial Cuello, Jose Nieto, Jany Dotel, Rohan Pinnach, Lionel Marius, Jr. S. Joseph & Mickeni Caldwell v State Farm Mut. Auto. Ins. Co.

Motion No: 2010-01054 KC

Slip Opinion No: 2016 NY Slip Op 93097(U)

Decided on November 21, 2016

Appellate Term, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2010-1054 K C

Ava Acupuncture, P.C., as Assignee of Marcial Cuello, Jose Nieto, Jany Dotel, Rohan Pinnach, Lionel Marius, Junior S. Joseph and Mickeni Caldwell, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent.

Motion by respondent to dismiss an appeal on an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 16, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as moot, as the appeal was marked withdrawn on October 6, 2016.

ENTER:

Paul Kenny

Chief Clerk